Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77018 of 2019 Arising Out of PS. Case No.-729 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== RAHUL KUMAR Son of Gurucharan Rai Resident of Village - Ramchanda, Kothia, P.S.- Khagaria, District- Khagaria ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Khagaria P.S. Case No. 729/2019, G.R. No. 2814/2019 registered under Sections 419, 420, 414 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner had purchased the motorcycle in question under some bonafide belief and on the assurance that he will get the original papers of the motorcycle in question and that there is no allegation that he had been involved in theft of the motorcycle. Learned counsel submits that petitioner has no criminal antecedent and he is in custody since 20.09.2019.

Patna High Court CR. MISC. No.77018 of 2019(2) dt.16-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner had purchased the motorcycle in question under some bonafide belief and on the assurance that he will get the original papers of the motorcycle in question and that there is no allegation that he had been involved in theft of the motorcycle and has no criminal antecedent as also he is in custody since 20.09.2019, the investigation against him is complete, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 729/2019, G.R. No. 2814/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.77018 of 2019(2) dt.16-01-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T